Rights & Responsibilities
-
NeurodiversOTy (NDOT) will ensure that all relevant legislation and regulations, such as the NDIS Practice Standards, the NDIS Code of Conduct, Occupational Therapy Australia Code of Ethics and AHPRA Code of conducts, pertaining to Participant and client rights and obligations, are met.
NDOT recognizes that the client has several human and legal rights that must be respected and preserved during the provision of services and beyond.
NDOT has a responsibility to its employees to ensure that their rights are recognized and protected at work. To do so, NDOT requires that the client and their representatives understand their role in ensuring that their Provider's rights are recognized and that they assume some responsibility for ensuring that they are upheld.
Prior to the start of services, all participants will be notified of their rights and duties via the Service Agreement where there is a link that allows them to access these in full.
NDOT Agreement
NDOT agrees to the following to ensure the rights of the Participant are acknowledge and upheld:
Actively work with the client or the clients’ advocate to identify their wishes, will, preferences and rights to establish goals and needs and subsequently develop a Intervention Support Plan that also aligns with best practice guidelines and clinical recommendations
Assist the client to access and advocate as required by referral to appropriate service such as, Disability Advocacy Finder, Disability Advocacy NSW; Advocacy Queensland Incorporated; Advocacy Tasmania; Disability Rights Advocacy Service Inc South Australia; Advocacy Western Australia; ADACAS ACT; Disability Advocacy Service NT, or through an independent organisation
Work with the Client, or their advocate, trusted decision maker and/or family member to assist the participant to exercise choice and control and to have their voice heard in matters that affect them. This can occur at any time while the participant is using NeurodiversOTy's services.
Review the provision of supports at regular intervals with the Participant and/or their advocated or trusted decision maker.
Provide the agreed safe and high-quality supports that meet the Participant’s needs at the Participant’s preferred, location and times whenever possible.
Respect the cultural values and beliefs of the participant.
Communicate openly and honestly in a timely manner and in a way the participant can best understand including using an interpreter if required.
Treat the Participant with courtesy and respect.
Inform the Participant of all costs associated with the provision of supports including the cost associated with cancellations. See Cancellation policy button from home page.
Protect the client's privacy and confidential information as per the Privacy Act 1988. (information available in the privacy policy further in this document.
Store client information in a secure electronic management system, that is password protected and has appropriate firewall protection.
Store paper client information/forms in that participant's file and secured in a lockable filing cabinet
Inform the participant how to make a complaint and treat them fairly and impartially if they make a complaint.
Listen to the Client's feedback and resolve problems within a reasonable time frame.
Give the client a reasonable amount of notice (where possible) if the Provider has to change a scheduled appointment to provide supports.
Provide supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act and Rules, and the Australian Consumer Law.
Keep accurate records on the supports provided to the Participant.
Issue regular invoices for the provision of supports delivered to the Participant.
Give the Participant the required notice if the Provider needs to end the Service Agreement (see Ending this Service Agreement)
Continually inform the Participant of possible risks and benefits associated with achieving their goals
Investigate any incidents that occur and follow NDOT's Incident & Injuries Policies. This includes including involving the Participant/caregiver in the investigation and determining actions / outcomes. A copy of NDOT's Incident Management Policy can be sent upon request
Client Agreement
Agreement from the Client or their representative is sought to the following client responsibilities to ensure the rights of the client and the Provider are upheld:
Be involved in the development of your Intervention Support Plan, informing the Provider how you wish your Services/ Supports to be delivered
To provide any necessary court and legal documents which may impact the clients life outcomes and relevant to their history. This may include linking in with Case Managers
Provide accurate information and keep your provider informed of changes to your personal information
Inform your Provider if you are receiving other services or supports.
Provide copies to your Provider for safety or Crisis Support Plans previous and existing if necessary
Use equipment safely – in the way you have practiced with your Provider.
Ensure there are appropriate funds available for claiming services that have been booked and provided. If your Provider is unable to make a claim to NDIA for the provision of a service due to insufficient funds you are responsible for payment.
Treat the Provider with courtesy, respect, and dignity.
Provide a safe and smoke-free environment for the Provider to work in if seen in the community.
Talk to the Provider if you have any concerns about the supports being provided.
Give the Provider a minimum of two full business day’s notice if you cannot make a scheduled appointment; and understand if the notice is not provided by then, the Cancellation Policy will apply.
Give the Provider the required notice if you need to end the Service Agreement.
Let the Provider know immediately if your NDIS plan is suspended or replaced by a new NDIS plan, or you stop being a Participant in the NDIS to then collaborate together on new intervention plan as appropriate
Give the Provider feedback or lodge a complaint if you are dissatisfied with the service or the way it is delivered. Process found in Feedback and Complaints section
Discuss your concerns regarding risks associated with achieving your Intervention Support Plan.
Request a copy of any of our Policies if further information is required.
Outcome
All Participants are made aware of their Rights and Responsibilities via their Service Agreement prior to the commencement of services. If there are any problems, alternative solutions can be made to ensure information is delivered
The Participant will receive supports that promote and respect their legal and human rights and enables them to exercise choice.
-
Objective:
NeurodiversOTy is committed to respecting and protecting the legal and human rights of individuals and their right to services. As such, we ensure that within our best ability we aim to ensure all clients understand how to access to advocacy support or are educated on what is available to them. This may also include staff educating families on the impact of their diagnoses to advocate for additional supports and rights that are available to them.
Policy
NDOT supports participants to make decisions based on these principles:
● Every person can express their will and preference about what they want.
● A person with disability has the right to make decisions.
● A person with disability can expect to have appropriate supports to make decisions
NDOT supports participants to use an independent advocate of their choice to negotiate on their behalf. This may be a family member, friend, trusted decision-maker or appropriate advocacy service. Advocates will be accepted by NDOT as representing the interests of the participant. Advocates may be used during assessments, reviews, incidents and complaints or for any other communication between the participant and the organisation. Due to the nature of Occupational Therapy, our providers will aim to ensure we can help facilitate advocacy skills for client and their representatives to access their disability accommodations.
Definition
The National Disability Insurance Scheme Act 2013 defines an independent advocate, in relation to a person with disability, to mean a person who:
Is independent of the Agency, the Commission and any NDIS providers providing supports or services to the person with disability.
Provides independent advocacy for the person with disability, to assist the person with disability to exercise choice and control and to have their voice heard in matters that affect them
Acts at the direction of the person with disability, reflecting the person with disability’s expressed wishes, will, preferences and rights
Is free of relevant conflicts of interest.
Types of Advocacy
Self-advocacy: encourage and promote independence through self-representation.
Systemic Advocacy: To advocate for change in systems within the community that may affect clients
Parent/Family Advocacy: To assist families of clients to represent their interests in the community and within the government
Citizenship Advocacy - To represent clients rights to equal status in the community
Legal Advocacy: To support clients to access skills professionals to represent and defend their human and legal rights
Individual Advocacy: To ensure that clients understand the role of an advocate as ell as their right to use an advocate to help support their wants and choices
Role of advocates
An advocate:
Will fairly and impartially listen and articulate the participant’s wishes if they align with what is reasonable, fair, and within best practice guidelines.
Is independent and free of conflict of interests
Will assist the participant to be better informed, to achieve desired change and to meet the participant’s needs
Will increase the participant’s confidence, independence, power and achievement of desired outcomes.
Policy & Procedures
NDOT roles with clients & their information
When clients first use NDOT services they are informed of the role of advocates, their rights to use advocates, advocacy services and how to contact and involve advocacy services. This is included as part of the NDOT Service Agreement.
The clients 'Main Contact' as identified on the Initial Questionnaire will act as the 'advocate' for the client, if otherwise specified
Participants are supported if they choose to self-advocate, change advocates, or withdraw their authority.
The NDOT Provider actively works with the client to identify their wishes, will, preferences and rights to establish goals and needs and subsequently develop a Intervention Support Plan.
The Provider works with the Participant’s advocate, trusted decision maker and/or family member to assist the participant to exercise choice and control and to have their voice heard in matters that affect them. This can occur at any time while the participant is using NDOT’s services
The review of Service Agreements and Intervention Support Plans is used as an opportunity to review advocacy needs with participants.
When a client needs an advocate and a family member or carer cannot fulfil the role, the clients principal therapist can assist the participant to obtain an advocate of the participant’s choice.
When an advocate assists a participant, their involvement will be documented in the participant’s electronic management system.
NDOT staff will not disclose any information about the client to an advocate, when the client or their representative is not present, unless the client has provided their written or verbal permission to do so. In this case, NDOT therapist will work with the advocate in line with the participant’s wishes and support the involvement of the participant’s advocate in all areas of service planning and decision making
Wherever possible, as per all services, NDOT will include participants’ wishes / preferences into service planning and delivery.
Authorized Representatives
If an Authorised Representative is acting on behalf of a client, NDOT will require proof of representative authority.
Authorised Representatives include:
Guardians
Attorneys under Enduring Power of Attorney
Agents under the Medical Treatment Act 1998
Administrators under the Guardianship and Administration Act 1986
A person otherwise empowered by the client to act or make decisions in the best interest of the person
Proof of the Representative Authority will be sighted and a copy of the document placed in the clients file. Proof of Authority includes Guardianship or Administration order or Enduring/Medical Power of Attorney. Please see Proof of Guardianship & Authorised Pick up Policy for more info
-
Making a Complaint or Giving Feedback
If the client’s parent/caregiver wishes to give the Provider feedback or wishes to make a complaint, the client, their advocate or trusted decision maker (see Rights and Responsibilities) can:
Discuss your issue / complaint with your Occupational Therapist
Discuss your issue with reception who can forward on to Manager or Occupational Therapist
Contact the Provider in person during scheduled session time or via phone or email
NDOT will use the feedback and complaints to adapt and improve new strategies if reasonable and necessary and will update any relevant policies and procedures regarding this.
For further information on making a complaint, ask reception@neurodiversoty.com.au
-
Definitions:
Incident: refers to an event or situation that could have resulted in harm to an individual or to the business. This includes, but is not limited to:
Injury and / or near-miss to participant.
Injury and / or near-miss to workers.
Acts by a person with disability that did or may have caused serious harm.
Complaint or negative feedback about the service.
Actual or suspected abuse of participant / others.
Breach of privacy / other participant rights eg restrictive practice
Less than expected therapeutic outcome.
Damage to equipment / goods.
Breach of statutory obligations.
Accident is an event or situation that actually resulted in harm to an individuals or damage to equipment
Risk is something that could potentially lead to an incident of accident.
For the purpose of this policy, incidents and accidents will be refers to as "incident' for ease of reading
Process of Reporting
Director must be notified within 24 hours
An 'Incident and Complaint Report Form' is to be completed and submitted to Director/Supervisor within 48 hours of the incident. The report must include all necessary factual details and immediate actions that have been taken, any identified/planned follow-up actions, any reports made to other bodies
The incident is recorded in the NeurodiversOT y’s Incidents and Complaints Register by the Director/senior allocated staff member.
Parents/Caregivers are to be notified by the therapist who was in charge at the time of the incident, and it is the responsibility of the treating therapist to get Parents/Caregivers to sign the form as an acknowledgement of it's occurrence
A copy of the signed incident form must be attached to the session note, and a copy saved on Onedrive by the Director
Incident Investigations
If required, a formal incident investigation will be conducted (use the Incident Investigation Form) to explore in more detail why an incident occurred and if any steps are required to prevent it occurring again. As a minimum, incidents requiring investigation include:
Any 'Notifiable' incident (refer to Appendices for what needs to be reported, to whom and how)
Any mandatory report made (see Section 6 below)
Any incident that could lead to potential litigation.
The Governing body or parent/caregiver (whichever is appropriate) is to be informed as soon as practicable of any incident investigations and their outcomes
Outcomes
Outcomes of formal or informal assessments / investigation could include:
Further training of staff / others involved
Reviewing and enhancing policies and / or procedures
Changes to the environment / delivery mode for support services
Participant (and / or his/her family) and Provider agree to accept the risks inherent in support delivery to achieve goals
Follow-Up / Review
Actions will be monitored by the Directors, Managers/direct supervisor and staff involved and updates on progress will be added to the register until the incident is satisfactorily concluded
Incident reports and all related documents are to be kept for 7 years.
When a Participant incident / injury occurs
Respond to immediate needs and re-establish a safe environment. Make sure participant, worker and any others present are safe
If required, call emergency services to assist, seek medical attention, commence first aid
Contact the appropriate emergency contact or 'significant other' (eg parent / spouse / son / guardian) as soon as practicable
Determine what support the participant and / or their family require and how this can be best delivered. This is to include asking them if they want the support of an advocate
Consult with the participant and / or their family on how to satisfactorily resolve the issue and what could have been done to prevent it occurring
Keep the participant informed of progress on the incident
If a participant / client is involved and receives funding from a government body
If the incident could lead to any potential litigation, NeurodiversOT y professional liability insurer will be informed.